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Elder brother's wife left his home and moved to her parent's house
20-Mar-2023 (In Family Law)
We are Hindu at Patna, Bihar. My elder brother's wife left his home and moved to her parent's house on occasion of Holi but now she refused to comeback in law's house. It's been almost 9 months of marriage. She did several times such behavior. Even her mother created some scene at my home . As a result, my brother never goes to in law's house but never stop his wife to go her home & meet family. Now as she doesn't want to come back. What we should do? Do we go for any legal step or else? Please suggest. No dowry was involved in this marriage.
When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.I am practicing in Patna High Court You May contact for further help.
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Adv. Deepak Kumar
Patna | 25+ Answers
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Regarding your query you have to file a petition under sec 9 of Hindu Marriage Act in family court Patna as soon as possible. Through this process the concerned court can done mediation between spose to restore your cojugale life.
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Adv. Rakesh Kumar Singh
Katihar | 25+ Answers
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